A Study upon the International Legal Control Regime and Practice for the Recovery Mechanism of Transnational Money Laundering

• Main Authors: Chiang, Ti-Wen, 姜悌文
• Other Authors: Chen, Lih-Torng
• Format: Others
• Language: zh-TW
• Published: 2016
• Online Access: http://ndltd.ncl.edu.tw/handle/68235925509301069231

博士 === 國立臺灣海洋大學 === 海洋法律研究所 === 104 === Money laundering refers to disguises or conceals themselves or others because of the significant property proceeds of crime or property interest. Transnational money laundering refers to the use of differences in legal systems and regulatory frameworks across countries or regions, as well as disputes jurisdiction, hiding the proceeds of crime in a foreign country or abroad, in order to achieve disguise or hide the proceeds of crime and its nature and source of income purposes. As the amount of proceeds of crime gained grows larger, to hide those proceeds has become more difficult, and thus the trend of transnational concealment of proceeds arises. Especially in the context of transnational drug trafficking crime, more often deal with transnational organized crime proceeds of drug trafficking patterns, coupled with China's mainland operations to combat corruption, corrupt officials fled serious transnational stolen goods in the countries and regions overseas expansion. This Study introduces the background of transnational money laundering, history and methods of recovery of the importance of transnational money laundering, as well as difficulties encountered. The concept originated in the United States of money laundering, organized crime deprive the United States to combat the proceeds of crime, the crime of money laundering will.US will not allow offenders based on profit from crime concept, the development of administrative forfeiture, criminal forfeiture, civil forfeiture three systems. In recent years, hiding the proceeds of crime transnational strictly traced to the United States, and returned to the victim and the victim as much as possible, the United States then introduced the concept of the International Convention on money laundering, in the domestic law of the land-based approach, the crime of money laundering introduced by the International Convention for the domestic legal system , before the world to jointly combat transnational rounded laundering of proceeds of crime havens. The United Nations has long noted the problems of transnational concealment of crime proceeds and transnational money laundering, therefore it enacted the UN Anti-Drug Convention in 1988, UN Convention against Transnational Organized Crime in 2000, UN Convention against Corruption in 2003. These conventions not only require countries to enforce seizure and confiscation of crime proceeds hidden transnational, but also encourage the joint seizure and confiscation by countries though mutual legal assistance. When the victim when, reimbursement should be the proceeds of crime victim, without the victim, recommended that countries in accordance with bilateral agreements "sharing the proceeds" system. This Study also collect international law transnational money laundering, including global conventions, regional conventions, global organizations, regional organizations, etc. In particular, the Group of Seven Group Financial Action Task Force on Money Laundering（FATF）was established, and the Egmont Group and other organizations by national financial intelligence unit（FIU） consisting in the relevant regulations and international money laundering as worthy of further the study. In research methods, this Study started literature analysis, to understand, integrate and establish the concept of transnational money laundering related to complete, as a solution to transnational money laundering basic information to identify the various thoughts system and insights as the basis for research in this Study. Furthermore, this paper in terms of comparative law, two or more systems to be introduced and cases, find out the pros and cons of the different systems and treatment can be used as the basis for reform of the system. And transnational money laundering cases occur in countries of the study, including the financial sector, Switzerland, the United States, Hong Kong's development, has been obtained from the transnational crime of money laundering hiding place. Canada and Australia as a nation of immigrants, because of an extradition treaty with China have not signed, the Chinese mainland has become corrupt and hiding the perpetrators of transnational crime obtained from hot countries. From the comparison, the Swiss study, the United States, Hong Kong, Canada, Australia, transnational money laundering related to the rule of law, and States to address the situation described in the actual case study. And, from the norms of international law and the provisions of domestic law of the land, in order to synthesize the various recovery of transnational money laundering law method shall be typed, including mutual legal assistance in criminal patterns, and to civil proceedings to recover mode, and is not liable to forfeiture recovery mechanisms, and agreed to recover by way of offenders, in order to understand the process of cross-border money laundering law model. Finally, this paper describes the recovery of transnational money laundering of the rule of law, and introduce our transnational money laundering cases, including the successful recovery cases and failure cases. And in this paper describes the "Taiwan Chiayi gamble group head Mr. Lu case", "Mr. Sun embezzle the asset of Pacific Electric Wire and Cable Co., Ltd. case", such as foreign or overseas locations requested our share of proceeds of crime transnational money laundering havens again, our country there is still no relevant legal system to deal with. Another of the paper from the point of view of comparative law to recover the proceeds of crime gaps in the legal system of transnational , as Taiwan's revision of the Money Laundering Control Act and the development of international mutual legal assistance law and other legal innovation of reference, , and proposed to develop the feasibility of recovering the proceeds of transnational crime distribution Ordinance.